Mich. Admin. Code R. 325.45385 - Involuntary transfer or discharge
Rule 385.
(1)
When a nursing care facility provides a patient or the patients legal guardian
with a notice of involuntary transfer or discharge, the facility shall provide
a copy of the notice to the department and the state long-term care ombudsman
at the time the notice is issued to the patient or the patients legal guardian
and pursuant to the submission procedures established by the
department.
(2) A patient or the
patients legal guardian or designated representative may submit a completed
hearing request form, as required by section 21773 of the code, MCL 333.21773,
and provided by the department on its website, or any written communication
that clearly states a hearing is requested. The hearing request must be timely
filed as described in section 21774(1) of the code, MCL 333.21774. Upon receipt
of a timely filed hearing request, the department shall make arrangements for
the scheduling of a hearing under section 21774 of the code, MCL 333.21774,
through the Michigan Office of Administrative Hearings and Rules
(MOAHR).
(3) After a hearing is
concluded under R 325.45247, R 325.45249, and R 325.45251, and only if there
was a finding in the hearing decision or order that a permitted basis for
transfer or discharge exists under section 21773 of the code, MCL 333.21773, or
if no appeal request is received from the patient and the 10 day appeal period
has expired, the nursing care facility shall submit to the department a
proposed transfer or discharge plan, which must include all of the following:
(a) Identification of the patient or other
person, as identified by the patient, that participated in the selection of the
new facility or setting.
(b) A
statement by the patients attending physician outlining how the new facility or
setting meets the patients medical and psychosocial needs.
(c) Identification of equipment or services
that are needed for continued care of the patient in the new facility or
setting and confirmation that those items have been prearranged by the
transferring nursing care facility.
(d) Verification that the floor plans,
brochures, pictures, and other documents to familiarize the patient with the
new facility or setting have been provided to the patient, unless the patient
is returning to a setting that the patient is familiar with. The patient may
also request to visit the new facility or setting. Verification of how the
transferring nursing care facility accommodated this request must be
included.
(e) Identification of how
the patients clothing and personal items are being moved to the new facility or
setting.
The nursing care facility shall not transfer or discharge the patient without department approval in writing of the proposed transfer or discharge plan.
Notes
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No prior version found.